The Ontario Divisional Court revisited the vexing topic of disability benefits and the applicable limitation period in Western Life Assurance Company v. Penttila[i]. For claimants, the good news is that the principle of “discoverability” is alive and well, which means that the calculation of when the two year limitation period in Limitations Act starts to run depends on the circumstances of the particular case. Here is a brief chronology of the facts in the Western Life case: May 16, 2012 – LTD approved February 19, 2013 – Western advises the claimant that...

On September 26, 2017, Share Lawyers hosted a client appreciation event at our office on Yonge St. in Toronto. At the event, several clients who have demonstrated a passion for wanting to help others in the Share Lawyers community shared their story on video. With the footage, Share Lawyers has been able to create some videos that showcase their experiences with our company, and also provide advice and guidance to the community at large. Please take a look at one of our videos here! We’re so proud to have represented each of these people. In the coming weeks, you will see...

Personal injury cases often settle prior to going to trial, through the process of Mediation. As a client, it’s important to understand this process in order to feel at ease with your involvement in the outcome of your case. Mona Kloss, a client of Share Lawyers, spoke with us about her experience with Share Lawyers and her process of Mediation. “I would like to express my deepest appreciation for the impressive work and conduct of your team at Share Lawyers. Steven and Alison demonstrated top-notch professionalism and expertise yesterday at Mediation.” Mediation allows...

As I said in one of our other blogs in this series, most cases gets settled in one of 3 ways: Mediation Settlement Meetings Exchanging Written Offers Exchanging Written Offers So far we’ve discussed how your case can be settled by Mediation and Settlement Meetings. In this blog, we discuss exchanging offers. Once again, we base this on which insurance company and lawyer we happen to be dealing with, the nature of the issues in dispute, and the prospect for settling the case without the assistance of a mediator or a settlement meeting. Offers can be exchanged at any time,...

Ask A Lawyer Q: What if I have a diagnosis of cancer and the insurance company says it’s not the right type of cancer? A: The wording of the policy must be reviewed carefully to determine whether the type of cancer that has been diagnosed meets the criteria for a critical illness payout. The law states that, if the policy wording is unclear, the proper interpretation would be to decide in favour of the claimant rather than the insurance company, as they drafted the wording. Q: What factors do the insurance companies use to determine if I am eligible to receive critical...

As I said in one of our other blogs in this series, most cases are settled in one of 3 ways: Mediation, Settlement Meetings, or Exchanging Written Offers. In this blog, we discuss Mediation. Scheduling Mediation continues to be the way most cases at Share Lawyers are settled. While insurance companies would prefer not to spend money on settling your case or on paying for mediators, in our experience, this continues to be the most effective way to get everyone involved in the case to focus on the case that is being considered that day – your case. Most Cases Settled...